A 20-Year Nuisance Claim Involving Falling Palm Fronds and a Personal Injury Claim Results in $3,000 Verdict
On October 1, 2026, Scott Macdonald and Eric Macdonald received a verdict at the Burbank Courthouse. This was a negligence, premises liability, and nuisance case. Plaintiff and husband and wife Defendants were neighbors in North Hollywood, California.
In 1980, Defendants planted a palm tree in their front yard, in honor of husband Defendant’s father. Over the last forty-six years, the tree has grown significantly and would shed palm fronds in the Santa Ana winds.
Plaintiff admitted to the jury that in 2006, he began documenting and building a case against Defendants. Plaintiff’s case started in 2006 when Plaintiff’s parents were allegedly hit by a falling palm frond. Over the years, Plaintiff took photographs of palm fronds scattering his property and neighborhood street. Plaintiff claimed all of the palm fronds were from Defendants’ tree, despite their being other palm trees in the neighborhood. Plaintiff claimed, but did not offer evidence, that palm fronds from Defendants’ trees constantly hit Plaintiff’s parked cars, causing dents, scratches, and dings. Plaintiff claimed that numerous cars were damaged over the years. Plaintiff testified that he ended up purchasing car covers to protect his vehicles, yet the “steak knife” palm fronds tore his car covers.
Plaintiff claimed that Defendants only trimmed their tree one time between the 1990s and 2020.
Plaintiff’s case came to a head when on January 22, 2022, Plaintiff claimed he was hit by a falling palm frond while walking out his front door. The front of Plaintiff’s home had numerous surveillance cameras, but allegedly, where Plaintiff was hit by the palm frond was the one area not in view of any camera. The palm frond allegedly knocked Plaintiff over into a planter and caused head, neck, right shoulder, and lower back injuries. Despite being hit by the palm frond, which Plaintiff testified was as sharp as a steak knife, Plaintiff did not have any cuts, bruises, or marks on his body. Plaintiff’s first medical evaluation came on February 16, 2022, when he visited his attorney-referred chiropractor. Plaintiff underwent chiropractic care for thirty-one visits and stopped on August 10, 2022. Plaintiff did not receive any medical treatment after August 10, 2022, but told the jury he had life-long pain in his neck and back. Plaintiff did not offer any medical expert or treating physician at trial.
Plaintiff claimed the palm tree was a nuisance and significantly diminished his use and enjoyment of his property. Plaintiff retained a real estate expert to opine that the nuisance caused a diminution in value of Plaintiff’s home, when Plaintiff chose to sell the home. On cross-examination, Plaintiff’s expert admitted he had never been to the property; never seen the property; did not know the property’s address; did not know if Plaintiff ever planned to sell the property; and knew nothing about the alleged nuisance. Plaintiff dismissed his diminution in value claim during trial.
Ultimately, the jury awarded Plaintiff $3,000 for past non-economic damages. The jury did not find Defendants liable for nuisance.